1000 FRIENDS OF OREGON v. CLACKAMAS COUNTY

A174968.

483 P.3d 706 (2021)

309 Or. App. 499

1000 FRIENDS OF OREGON, Petitioner Cross-Respondent, and Robert Powell, James Sterlin, and Linda Lacey, Intervenors-Petitioners below, v. CLACKAMAS COUNTY, Respondent, and Mark Herkamp, Respondent Cross-Petitioner.

Court of Appeals of Oregon.

March 3, 2021.


Attorney(s) appearing for the Case

Andrew Mulkey, Eugene, argued the cause and filed the briefs for petitioner-cross-respondent.

Tyler Smith, Canby, argued the cause and filed the briefs for respondent-cross-petitioner.

Carol Macbeth filed the brief amicus curiae for Central Oregon LandWatch.

No appearance for respondent Clackamas County.

Before Lagesen, Presiding Judge, and James, Judge, and Hadlock, Judge pro tempore.


This case involves a decision by the Land Use Board of Appeals (LUBA) that remanded Clackamas County's order granting a conditional use permit to the applicant, Mark Herkamp, to host events as a "home occupation" within the meaning of ORS 215.448 on property zoned for exclusive farm use (EFU). LUBA affirmed a hearings officer's determinations...

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